Show v. Ford Motor Co.

A 1993 Ford Explorer, struck by another car near the left rear wheel, rolled over. Plaintiffs, driver and passenger, were injured. At the close of discovery in their case against the manufacturer, plaintiffs had not designated an expert on the subject of the vehicle's design. The magistrate judge concluded that the suit could not proceed without expert testimony and granted summary judgment. The Seventh Circuit affirmed. Consumer expectations are just one factor in the inquiry whether a product is unreasonably dangerous. A jury unassisted by expert testimony would have to rely on speculation. The record did not show whether the vehicles are unduly (or unexpectedly) dangerous, based on: under what circumstances they roll over; under what circumstances consumers expect them to do so; whether it would be possible to reduce the rollover rate; and whether a different and safer design would have averted this particular accident. View "Show v. Ford Motor Co." on Justia Law